Local Government Responsibilities and Compliance Dates (Extended by EHB 2399)

• The compliance dates established by the SSB 5714 amendments (adopted in 1997) have been extended by EHB 2399, passed during the 2002 regular session.

• Within urban growth areas (UGAs), Class II & III forest practices will now generally be regulated as Class IV-Generals, since conversion to non-forestry uses is anticipated. (Class I forest practices will be treated basically as Class IV-Gs after the local government assume regulatory authority). Click on this link for explanation of forest practice classes. A property owner may continue Class II & III forest practices within a UGA under an approved conversion option harvest plan (COHP) or written forest management plan or enrollment under the provisions of chapter 84.33 RCW (current use tax agreements) plus statement of intent not to convert for 10 years.

• A mandatory six-year moratorium on development is in effect on non-Class IV-General permit lands unless specifically exempted under chapter 76.09 RCW, or unless the local government has adopted a process for lifting or waiving the six-year moratoruim for the purposes of constructing a single-family residence, or outbuildings, or both. Otherwise, local governments must deny any and all applications for non-forestry uses of such lands for six years. The program is administered and enforced by DNR until the local jurisdiction adopts its own program pursuant to chapter 76.09 RCW.

• DNR will submit, and the county recording officer must record, statements of forest landowners intention not to convert to non-forestry uses for 10 years. This statement serves as recognition that a six-year moratorium is imposed on non-forestry related use and development of these properties.

• Local governments must develop an administrative process for lifting or waiving moratoria (including notification, public hearing and appeals procedures). SSB 5714 does not specify a separate compliance date for developing these procedures, so they must be developed within a reasonable timeframe. Because some property owners will be subject to moratoria immediately or at least before December 31, 2005, local governments should except immediate pressures for lifting moratoria.

Compliance by December, 2005

• Local Governments must adopt ordinance to regulate Class IV-General forest practices on lands with UGAs or on lands likey to convert out of forest use. (Local governments may complete ordinances and request transfer of jurisdiction before December 31, 2005.

• DNR will provide technical assistance to all cities and counties that have adopted forest practices regulations (approved by DNR) if requested before December 31, 2005. After that date, there is no assurance of technical assistance.